Certified Copy
A copy of a document authenticated by an official custodian as a true and accurate copy of the original.
What You Need to Know
Certified copies are self-authenticating under Federal Rules of Evidence 902(4), meaning they require no additional authentication foundation or witness testimony to be admitted at trial. The certification must be signed by an authorized custodian (court clerk, recorder, public official) and bear an official seal showing the copy is accurate. Common certified copies include birth/death certificates, marriage licenses, corporate filings, property deeds, and court judgments. The certification eliminates the need to subpoena a custodian witness to testify about the record's authenticity, saving time and expense during trial.
Legal References
- Federal Rules of Evidence 902(4) - Certified copies of public records
- Federal Rules of Evidence 1005 - Copies of public records to prove content
- Federal Rules of Evidence 901 - Authentication requirements
Relevant Practice Areas
Frequently Asked Questions
How do I obtain a certified copy of a public record?
The process varies by record type: (1) for court records, contact the court clerk and request a certified copy with seal and signature, typically paying $1-5 per page plus certification fee, (2) for vital records (birth, death, marriage), contact the county recorder or state vital statistics office with proper identification and relationship documentation, (3) for property records, visit the county recorder's office with the property address or legal description. Certification typically takes 1-3 business days. Remote requests may be possible via mail or online portals. Specify you need certification for court use—regular copies are not self-authenticating.
What makes a certified copy self-authenticating under FRE 902?
Federal Rules of Evidence 902(4) requires: (1) the document must be a copy of an official record or entry, (2) the copy must be certified correct by the custodian or authorized person, (3) the certification must comply with federal statute, state statute, or court rule, or (4) the certification complies with a statute or rule of the jurisdiction where the record is kept. The certification typically states "I certify this is a true and correct copy" and includes the custodian's signature, title, date, and an official seal. Without all elements, the copy is not self-authenticating and requires testimony to establish authenticity per FRE 901.
Can I use a certified copy instead of the original document at trial?
Yes. Federal Rules of Evidence 1005 states that a certified copy of a public record is admissible to prove the content of the record to the same extent as the original. The Best Evidence Rule (FRE 1002) does not require production of original public records—certified copies are treated as equivalent. This avoids removing original records from government custody and reduces risk of loss or damage. However, if the accuracy of the certified copy is genuinely questioned (not merely disputed authenticity), the court may require production of the original record per FRE 1005.
When It's Used
Self-authenticating under FRE 902, no additional foundation required
Example
"A death certificate with a county clerk's seal certifying it's a true copy."
Legal References
- •Federal Rules of Evidence 902(4)
Related Terms
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